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<br /> ROE 920316
<br /> Fomi Approved,AVP-Law
<br /> tnaterialmen's liens of any kind or nature to be enforced against any property of the Railroad for any such
<br /> work performed. The Licensee shall indemnify and hold harmless the Railroad from and against any and
<br /> all liens,claims, demands,costs or expenses of whatsoever nature in any way connected with or growing
<br /> out of such work done, labor performed,or materials furnished.
<br /> Section 6- FIBER OPTIC CABLE SYSTEMS.
<br /> In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and
<br /> hold the Railroad harmless from and against all costs, liability and expense whatsoever (including,
<br /> without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the
<br /> Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or
<br /> destruction of any telecommunications system on Railroad's property, and (2)any injury to or death of
<br /> any person employed by or on behalf of any telecommunications company, and/or its contractor, agents
<br /> and/or employees,on Railroad's property. Licensee shall not have or seek recourse against Railroad for
<br /> any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
<br /> damage to a telecommunication company using Railroad's property or a customer or user of services of
<br /> the fiber optic cable on Railroad's property.
<br /> Section 7- COMPLIANCE WITH LAWS.
<br /> In the prosecution of the work covered by this Agreement, the Licensee shall comply with all
<br /> applicable federal, state and local laws, regulations and enactments affecting the work. The Licensee
<br /> shall use only such methods as are consistent with safety, both as concerns the Licensee,the Licensee's
<br /> agents and employees, the officers, agents, employees and property of the Railroad and the public in
<br /> general. The Licensee(without limiting tate generality of the foregoing)shall comply with all applicable
<br /> state and federal occupational safety and health acts and regulations. All Federal Railroad Administration
<br /> regulations shall be followed when work is performed on the Railroad's property. If any failure by the
<br /> Licensee to comply with any such laws,regulations,and enactments,shall result in any fine,penalty,cost
<br /> or charge being assessed, imposed or charged against the Railroad, the Licensee shall reimburse and
<br /> indemnify the Railroad for any such fine, penalty,cost or charge, including without limitation attorneys'
<br /> fees,court costs and expenses. The Licensee further agrees in the event of any such action, upon notice
<br /> thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the.
<br /> Railroad.
<br /> Section 8- SAFETY INSTRUCTIONS.
<br /> Safety of personnel, property, rail operations and the public is of paramount importance in the
<br /> prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall
<br /> safety measures to be observed by the Licensee (and not by way of limitation), the following special
<br /> safety rules shall be followed:
<br /> a. The Licensee shall keep the job site free from safety and health hazards and ensure that its
<br /> employees are competent and adequately trained in all safety and health aspects of the job. The Licensee
<br /> shall have proper first aid supplies available on the job site so that prompt first aid services can be
<br /> provided to any person that may be injured on the job site. The Licensee shall promptly notify the
<br /> Railroad:of any U.S. Occupational Safety and Health Administration reportable injuries occurring to.any
<br /> person that may arise during the work performed on the job site. The Licensee shall have a non-delegabic
<br /> duty to control its employees,while they are on the job site or any other property of the Railroad to be
<br /> certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or
<br /> illegally obtained drug,narcotic or other substance that may inhibit the safe performance of work by an
<br /> employee.
<br /> Exhibit B
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